PRE-ACTION PROTOCOLS AND PRACTICE DIRECTION

 

Below  there are links to the Ministry of Justice Web Site for all the current Pre-Action Protocols, all of which require the consideration of alternative dispute resolution. The first listed below is the over-riding Practice Direction for all Protocols.

 

Civil Procedure Rules - Practice Direction - Pre-Action Conduct

The overriding Practice Direction under the Civil Procedure Rules deals with  pre-action conduct including cases not covered by the existing Protocols (and  consideration of the use of mediation - see Paragraph 8 of the Practice Direction) >>

 

Clinical Negligence - Protocol

Prepared by the Clinical Disputes Forum >>

 

Construction and Engineering Disputes - Protocol

Applies to all construction and engineering disputes (including professional negligence claims against architects, engineers and quantity surveyors) >>

 

Defamation - Protocol

Deals with defamation claims >>

 

Disease and Illness - Protocol

Personal injury claims - not the result of an accident - but rather of illness or disease >>

 

Housing Disrepair - Protocol

Claims arising from the condition of residential property >>

 

Judicial Review - Protocol

The lawfulness of an enactment or a decision or an act or failure to act in relation to a public function >>

 

Personal Injury - Protocol

Personal injury claims, except industrial disease >>

 

Possession Claims based on Mortgage Arrears etc - Protocol

This Protocol applies to arrears on (1) first charge residential mortgages and home purchase plans regulated by the Financial Services Authority under the Financial Services and Markets Act 2000; (2) second charge mortgages over residential property and other secured loans regulated under the Consumer Credit Act 1974 on residential property; and (3) unregulated residential mortgages >>

 

Possession Claims based on Rent Arrears - Protocol

Residential possession claims by social landlords (such as local authorities, Registered Social Landlords and Housing Action Trusts) which are based solely on claims for rent arrears >>

 

Professional Negligence - Protocol

For use where a Claimant wants to claim against a professional (other than construction professionals and healthcare providers) >>

 

Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents

For use where where a claimant claims damages valued at no more than £10,000 as a result of a personal injury sustained by that person in a road traffic accident >>